The Karnataka Excessive Court docket Thursday requested the state authorities to justify whether or not the suspension of IPS officer Vikash Kumar Vikash over the Bengaluru cricket stadium stampede on June 4 was warranted and whether or not a switch would have been adequate motion.
The division bench of Justices S G Pandit and T M Nadaf sought clarification from the Karnataka Authorities in a writ petition filed by the state in opposition to a July 1 order of the Central Administrative Tribunal (CAT) to reinstate Vikash Kumar Vikash.
The Karnataka Authorities suspended three IPS officers, together with the then Bengaluru police commissioner, after the stampede on the M Chinnaswamy cricket stadium, which resulted within the loss of life of 11 followers of the Royal Challengers Bengaluru (RCB) who had gathered to have fun the cricket group’s IPL victory.
On July 1, CAT’s Bengaluru bench quashed the Karnataka Authorities’s suspension of Vikash Kumar Vikash, an Inspector Basic of Police-rank officer. The Tribunal mentioned the order could possibly be utilized to former Bengaluru police commissioner Dayananda, an Further Director Basic of Police, and Shekar H Tekkannavar, Deputy Commissioner of Police, who have been additionally suspended on June 5.
On Wednesday, the Karnataka Authorities filed a petition within the Excessive Court docket to remain the July 1 CAT order and to additionally impose an interim keep.
In the course of the opening arguments Thursday, Karnataka Advocate Basic Ok M Shashikiran Shetty argued that the CAT bench had gone past its scope in a case involving a suspension order by suggesting that it was RCB which was chargeable for the Chinnaswamy stadium stampede and never the law enforcement officials.
“I believe RCB ought to have additionally filed an enchantment in opposition to this order. In the end, it’s a suspension order, however the Tribunal involves the conclusion that the applicant had no position to play. Not solely the applicant however not one of the law enforcement officials had a job to play, and it’s due to the fault of RCB that incidents have taken place,” mentioned Shetty.
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Nonetheless, the bench identified that the matter must be heard by the court docket and sought a proof from the state on whether or not the suspension was warranted.
“You must justify whether or not the allegation required protecting the officer below suspension. The allegation says that the officer did not handle the gang, which quantities to dereliction of responsibility, in keeping with you. Whether or not the allegation warrants suspension or the shifting of the officer to a different submit would have been adequate,” Justice Pandit mentioned.
Shetty sought an interim keep on the CAT order to reinstate Vikash Kumar Vikash. “The order asks for him to be reinstated in the identical submit, and, in reality, he turned up in uniform (on the police commissioner’s workplace) after the order to say the submit. We don’t wish to be in contempt of the court docket order. Allow them to say they won’t precipitate,” the AG mentioned.
The bench adjourned the listening to to July 9 after Dhyan Chinnappa, Vikash’s counsel, acknowledged that the IPS officer “wouldn’t file any contempt (petition).” Whereas adjourning the case with none interim order, the bench famous, “Senior counsel is making a accountable assertion”.
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The Tribunal, comprising Justice B Ok Shrivastava and Santhosh Mehra, acknowledged in its July 1 order that the suspension order in opposition to the IPS officers was handed in a “mechanical method”, and there was no “convincing materials for exhibiting the default or negligence of the involved law enforcement officials” on the time.
“Due to this fact, prima facie it seems that the RCB is chargeable for the gathering of about three to 5 lakh folks. The RCB didn’t take the suitable permission or consent from the police. All of a sudden, they posted on social media platforms and on account of aforesaid data the general public have been gathered,” the Tribunal mentioned in a reiteration of the police FIRs.
“Police personnel are additionally human beings. They’re neither god nor magician, and likewise should not have the magic powers like ‘Alladdin ka Chirag’, which was in a position to fulfil any want solely by rubbing a finger. To regulate the aforesaid sort of gathering and for making the correct preparations, adequate time ought to be given to the police,” CAT noticed in its order.
“The law enforcement officials have been suspended with none adequate materials or grounds. Therefore, the aforesaid order is liable to be quashed,” the Tribunal mentioned